The Ninth Circuit Court of Appeals, upon consideration of a stipulation of all parties, dismisses without prejudice three petitions for review of an EPA regulation requiring 70 percent removal of sulfur dioxide from the stack gases of the Navajo power plant in Page, Arizona. The stipulation provides...

The Tenth Circuit Court of Appeals reverses a lower court decision and holds that, under the FWPCA Amendments of 1972, the EPA Administrator is charged with the duty of regulating all discharges of radioactive materials into navigable waters. The congressional intent to this effect is clearly manife...

The Second Circuit Court of Appeals rules that the Federal Highway Administration must prepare its own NEPA impact statements on federally funded highway projects, rather than delegate the task to state agencies. It thereby reaffirms its 1972 decision in Greene County Planning Board v. FPC, despite ...

The Fourth Circuit Court of Appeals affirms a lower court's dismissal of an existing hospital's suit seeking to enjoin construction of a larger hospital nearby on the ground that the proposed hospital would be adversely affected by air traffic from Andrews Air Force base. The court rules that plaint...

The court affirms a decision of the Atomic Safety and Licensing Appeal Board of the Atomic Energy Commission that granted a license for the construction of two nuclear reactors for the generation of electricity near Charlotte, North Carolina. The EIS for the project adequately considers both the pos...

The Soil Conservation Service (SCS) violated NEPA by determining that it need not file an impact statement for the construction of a proposed dam across a tributary of the Brodhead River, a famous trout stream. The court declines to follow the authority of Hanly v. Kliendienst to the effect that an ...

Federal facilities which discharge pollutants into navigable waters are subject to the requirements of state NPDES permit programs approved by the EPA pursuant to §402 of the Federal Water Pollution Control Act Amendments of 1972. The portions of EPA's approval of the California and Washington perm...

Thermal-electric power plants ("steam plants") are not subject to FPC licensing under the Federal Power Act. The text of the statute and its legislative history indicate clearly that Congress intended the FPC to have jurisdiction over hydroelectric power plants only. The FPC's longstandings construc...

The court dismisses as moot plaintiffs' appeal from a lower court's denial of preliminary injunctive relief against further construction of a runway project at Logan International Airport in Boston pending preparation of a NEPA impact statement. An EIS for the project has recently been prepared and ...

The Ninth Circuit Court of Appeals upholds a lower court's decision that the environmental impact statement for a segment of Interstate 90 near Seattle adequately fulfills the requirements of NEPA. Adopting the "without observance of procedure required by law" standard of review, the court notes tha...